Some restaurant companies underscored the value of uniforms and dress codes in promoting the company brand, ensuring a professional and consistent look, distinguishing staff from patrons, and addressing health and safety-related concerns (such as non-slip footwear, reducing risk of accidents relating to jewelry, and not getting hair in food). These are all legitimate business interests, as long as the requirements do not have a discriminatory Code-related impact.

These are examples of gender-neutral dress code descriptions based on dress codes already in use in Ontario restaurants, including a wide range of styles and degrees of formality. Note: all positions should include a pants option.

Below each option they may wish to include, companies can set out guidelines, such as colour, source, style, fabric type and/or pattern, and how the item is to be worn (such as options to roll sleeve or pant cuffs, limitations on skirt or shorts length, any seasonal limitations on wearing the item, etc.).

OHRC policy position on sexualized and gender-specific dress codes

Some Ontario employers require female employees to dress in a sexualized or gender-specific way at work, such as expecting women to wear high heels, short skirts, tight clothing or low-cut tops. These kinds of dress codes reinforce stereotypical and sexist notions about how women should look and may violate Ontario’s Human Rights Code.

Overall, the response from the companies contacted was positive. Most were aware of concerns relating to sexualized and gender-specific dress codes, and several said they had already changed dress codes, or were making amendments when they received the OHRC’s letter. Over several months, the OHRC provided updates and feedback to all of the restaurants contacted, and engaged in dialogue to help organizations identify and address issues of concern.